HomeMy WebLinkAbout20040093.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1444 FORA MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING
WET AND DRY OPEN PIT MINING AND MATERIALS PROCESSING AND AN
ASPHALT AND CONCRETE BATCH PLANT, IN THE A (AGRICULTURAL) ZONE
DISTRICT - HEIT FARMS, LTD, LLP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 7th day of
January, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Heit Farms, Ltd,LLP,4520 Weld County Road 27, Fort Lupton,Colorado 80621,
and 333 West Hampden Avenue, Suite 810, Englewood, Colorado 80110, for a Site Specific
Development Plan and Use by Special Review Permit#1444 for a Mineral Resource Development
Facility, including Wet and Dry Open Pit Mining and Materials Processing and an Asphalt and
Concrete Batch Plant, in the A(Agricultural)Zone District on the following described real estate,to-
wit:
Lots 4, 5, and 6, Lupton Meadows Land Division
No. 1; being part of the N1/2SE1/4 and part of the
S1/2NE1/4 of Section 13, Township 2 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Tug Martin, Banks and Gesso, LLC,
720 Kipling Street, Suite 117, Lakewood, Colorado 80215, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and,having been
fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
Section 22-5-80.B of the Weld County Code states,"Promote the reasonable
and orderly development of mineral resources." Section 22-5-30 of the Weld
County Code states,"New developments should be located and designed to
preserve critical ecosystem components, including wetlands, significant
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wildlife habitats, and migration corridors." A wetland area is located in the
eastern portion of the site which will not to be mined. Section 34-1-305,
C.R.S., addresses the preservation of commercial mineral deposits for
extraction.
1) "After July 1, 1973, no board of county commissioners, governing
body of any county, city, or town, or other governmental authority
which has control over zoning shall, by zoning, rezoning, granting a
variance, or other official action or inaction, permit the use of any
area known to contain a commercial mineral deposit in a manner
which would interfere with the present or future extraction of such
deposit by an extractor."
2) "After adoption of a master plan for extraction for an area under its
jurisdiction, no board of county commissioners, governing body of
any city and county, city, or town, or other governmental authority
which has control over zoning shall, by zoning, rezoning, granting a
variance, or other official action or inaction, permit the use of any
area containing a commercial mineral deposit in a manner which
would interfere with the present or future extraction of such deposit
by an extractor."
3) "Nothing in this section shall be construed to prohibit a board of
county commissioners,a governing body of any city and county,city,
or town,or any other governmental authority which has control over
zoning from zoning or rezoning land to permit a certain use, if said
use does not permit erection of permanent structures upon, or
otherwise permanently preclude the extraction of commercial mineral
deposits by an extractor from, land subject to said use."
4) "Nothing in this section shall be construed to prohibit a board of
county commissioners,a governing body of any city and county,city,
or town, or other governmental authority which has control over
zoning from zoning for agricultural use, only, land not otherwise
zoned on July 1, 1973."
5) "Nothing in this section shall be construed to prohibit a use of zoned
land permissible under the zoning governing such land on July 1,
1973."
6) "Nothing in this section shall be construed to prohibit a board of
county commissioners,a governing body of any city and county,city,
or town,or any other governmental authorityfrom acquiring property
known to contain a commercial mineral deposit and using said
property for a public purpose; except that such use shall not permit
erection of permanent structures which would preclude permanently
the extraction of commercial mineral deposits."
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b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Sections 23-3-40 A.3 and 23-3-40 A.4 of the
Weld County Code provides for open pit mining and materials processing
and asphalt and concrete batch plants as a Use by Special Review in the
A (Agricultural) Zone District.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The unincorporated townsite of
Vollmar is located to the west of the site. A reclaimed gravel facility,
approved under Use by Special Review Permit#426,is located to the south
of the site. Three single family residences are located to the east and
southeast of the site. An existing greenhouse facility and single family
residence are located approximately one-quarter mile north of the site.
There is an existing single family home and outbuildings on the site. The
current property owner will occupy the residence for up to three (3) years
after mining operations begin. The applicant intends to convert the residence
into an office for the mining operation after the property owner leaves. The
Conditions of Approval and Development Standards will ensure adequate
mitigation will be taken to address impacts of the proposed gravel mining
operation.
d. Section 23-2-230.B.4--The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the existing
zoning and with the future development as projected by Chapter 22 of the
Weld County Code and any other applicable code provisions or ordinances
in effect,or the adopted Master Plans of affected municipalities. The site is
not located within the Fort Lupton Intergovernmental Agreement Area;
however, the site is located within the three-mile referral area.
Section 19-12-50.6 of the Weld County Code states,"Development outside
Urban Growth Area:To the extent legally possible,the County will disapprove
proposals for Urban Development in areas of the Municipal Referral Area
outside the Urban Growth Area. In reviewing proposals for Non-Urban
Development in such areas, the County will apply its Comprehensive Plan
and zoning and subdivision ordinances and, where appropriate, the MUD
Plan." Section 19-12-40 of the Weld County Code defines terms per the
Intergovernmental Agreement. By definition, Non-Urban Development is
"land uses which typically do not require services such as central water and
sewer systems, road networks, park and recreation services, storm
drainage and the like, and which are generally considered to be rural in
nature,expressly including land used or capable of being used for agricultural
production and including developments which combine clustered residential
uses and agricultural uses in a manner that the agricultural lands are suitable
for farming and ranching operations for the next forty (40) years." The
proposed use of the land in the near term, and also if in the future,
constitutes non-urban development as urban level services are not required.
No referral indicating a conflict with their interests has been received from
the City of Fort Lupton.
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e. Section 23-2-230.B.5 --The application complies with Section 23-5 of the
Weld County Code. The site is located within the 100-Year Floodplain, as
outlined in FIRM Community Panel 080266 0866C, dated September 28,
1982. A Flood Hazard Development Permit application shall be submitted
to,and approved by,the Department of Planning Services prior to recording
the plat as a condition of approval for this application. Effective January 1,
2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the County-Wide Road Impact Program.
f. Section 23-2-230.B.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed use is located on property defined as"Prime"according
to the 1979"Important Farmlands of Weld County"map. However,the site
is located entirelywithin the 100-Year Floodplain which limits the agricultural
use of the land. The site is presently used for growing crops.
g. Section 23-2-230.6.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,Weld County Code),
Conditions of Approval, and Development Standards ensure that there are
adequate provisions for the protection of the health,safety,and welfare of the
inhabitants of the neighborhood and County.
h. Section 23-4-250 — Additional requirements for open mining have been
addressed through this application and Development Standards will ensure
compliance with Section 23-4-290 and 23-4-300 of the Weld County Code.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Heit Farms,Ltd, LLP,fora Site Specific Development Plan
and Use by Special Review Permit#1444 for a Mineral Resource Development Facility, including
Wet and Dry Open Pit Mining and Materials Processing and an Asphalt and Concrete Batch Plant,
in the A(Agricultural)Zone District on the parcel of land described above be,and hereby is,granted
subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be labeled USR-1444.
B. The applicant shall attempt to address the recommendations and concerns
of the Platte Valley Soil Conservation District as stated in its referral received
September 9, 2003. Written evidence of such shall be provided to the
Department of Planning Services.
C. Submit an Air Pollution Emission Notice (A.P.E.N.)and Emissions Permit
application to the Air Pollution Control Division of the Colorado Department
of Health and Environment for criteria of emissions, hazardous,or odorous
air pollutants. Evidence of such shall be provided to the Department of
Planning Services.
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D. A Colorado Discharge Permit System(CDPS)Permit shall be obtained from
the Water Quality Control Division of the Colorado Department of Health for
any proposed discharge into State waterways. Written evidence of such
shall be provided to the Department of Planning Services.
E. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. The plan shall include, at a minimum, the
following,and evidence of approval by the Weld County Department of Public
Health and Environment shall be submitted to the Department of Planning
Services:
1) A list of wastes which are expected to be generated on site (this
should include expected volumes and type of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
F. For any vehicle maintenance facility located on the site that is equipped with
a floor drain,the applicant must apply for an Underground Injection Control
(U IC) Class V Injection Well Permit through the Environmental Protection
Agency (EPA) for the floor drain system, or provide evidence that the
applicant is not subject to the EPA Class V requirements. Written evidence
of such shall be provided to the Department of Planning Services.
G. The Colorado Department of Transportation(CDOT), in its referral received
August 26, 2003, indicated that volumes generated by this proposal alone
would trigger improvements to the northbound to westbound left turn lane on
Highway 85 to County Road 18. The applicant shall provide an agreement
with CDOT in regards to lengthening the left turn lane or provide written
evidence that the applicant has addressed the concerns of CDOT.
H. The applicant shall provide a pavement design for the pit entrance south to
the existing asphalt intersection for review and approval by the Department
of Public Works. Written evidence of such shall be provided to the
Department of Planning Services.
The applicant shall enter into a Long-Term Road Maintenance and
Improvements Agreement with the Weld County Department of Public
Works for the designated haul route. The improvements agreement shall
include the portion of the haul route to be upgraded, paving and shouldering
from the pit entrance south to the existing asphalt section, and any overlay
and shouldering requirements on Weld County Roads 18 and 25 as
determined by the Department of Public Works to accommodate the
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proposed heavy hauling. The improvements agreement shall address the
proportional cost share based on truck traffic to Weld County Roads 18 and
25. The improvements include a school bus pull-off,the widening of Bridge
25/18A, a right turn lane (free right) onto the acceleration lane at U.S.
Highway 85,and turning radii at intersections associated with the gravel pits.
Engineering design and construction plans shall be the responsibility of the
gravel haulers. Construction drawings shall be provided by the applicant with
approval by the Weld County Department of Public Works.
J. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements(Private Road Maintenance)
and post adequate collateral for transportation and landscaping
requirements. The agreement and form of collateral shall be reviewed by
County staff and accepted by the Weld County Board of Commissioners
prior to recording the plat. The improvements agreement and collateral shall
address the installation of pavement or concrete for the approach road for
the office/scale house to Weld County Road 25 and a small parking area to
handle dust control from the gravel pit.
K. The applicant shall address the requirements and concerns of the Weld
County Sheriff's Office as stated in the referral received September 13,2003.
Written evidence of such shall be provided to the Department of Planning
Services.
L. The applicant shall apply and receive approval for a Flood Hazard
Development Permit for any buildings and stockpiling of materials.
M. The applicant shall address the requirements of the Department of Planning
Services as stated in the landscape referral received September 15, 2003.
Written evidence of such shall be submitted to the Department of Planning
Services.
N. The applicant shall submit a revised Landscape Buffer and Screening Plan
identifying the number, size, and species of all plant material to the
Department of Planning Services for review and approval. This plan shall
include specifications of any proposed berms. The berms should be a
minimum 4:1 slope as recommended in the referral from the Platte Valley
Soil Conservation District,as received September 9,2003. Any berm placed
in the100-yearfloodplain of the South Platte River cannot obstruct passage
of flood flows. The applicant shall use breaks in the berm,with landscaping
to fill the void, culverts, or some other method that will allow water to flow
freely.
O. Applicant shall provide an approved copy of a Temporary Substitute Water
Supply Plan from the Colorado Division of Water Resources or a
court-approved Water Augmentation Plan to the Department of Planning
Services.
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P. The applicant shall provide evidence that the existing irrigation well
(Permit #20136) on the property has been permitted for use for the
processing facilities, batch plant, and employees of the mining operation.
Q. The plat shall be amended to delineate the following:
1. The plat shall be in accordance with Section 23-2-260.D of the Weld
County Code.
2. The attached Development Standards.
3. The location of any on-site signs.
4. Weld County Road 25 is designated in the Road Capital
Improvement Plan in the County-Wide Road Impact Fee Code
Ordinance, Section 20-1-30, as a local paved road, which requires
a 60-foot right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of Weld County
Road 25 shall be indicated as right-of-way on the plat. This road is
maintained by Weld County.
5. Weld County Road 20.25 is designated in the Road Capital
Improvement Plan in the County-Wide Road Impact Fee Code
Ordinance, Section 20-1-30, as a local paved road, which requires
a 60-foot right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of Weld County
Road 20.25 shall be indicated as right-of-way on the plat. This road
is maintained by Weld County.
6. The approved Landscape Buffer and Screening Plan. The plan shall
address screening from the Vollmar townsite and adjacent single
family residences.
2. The applicant shall submit two (2)paper copies of the plat for preliminary approval
to the Weld County Department of Planning Services.
3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit a Mylar plat, along with all other documentation required as Conditions of
Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within sixty(60)days
from the date of the Board of County Commissioners' Resolution. The applicant
shall be responsible for paying the recording fee.
4. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf,
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and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsco.weld.co.us.
5. Prior to Construction:
A. A Building Permit shall be obtained prior to the construction of the concrete
and/or asphalt batch plant,scale house,shop building,office trailer,and any
other structure placed on the parcel,including any sign. Demolition permits
are required for the demolition or removal of any structure on the property.
A plot plan shall be submitted when applying for Building Permits showing all
structures with accurate distances between structures,and from structures
to all property lines.
B. A Plan Review is required for each building for which a permit is required.
Plans shall bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each
permit.
6. Prior to operation:
A. There is no documentation that the existing septic system located within the
Use by Special Review Permit boundary is currently permitted through the
Weld County Department of Public Health and Environment. This system
will require an Individual Sewage Disposal System(I.S.D.S.)evaluation prior
to the issuance of the required septic permit. Since the residence will
eventually be used as an office, the septic system must be evaluated by a
Colorado registered professional engineer for adequacy for the current
residential use and the future commercial use(25 employees). In the event
the system is found to be inadequate, the system must be brought into
compliance with I.S.D.S. Regulations.
B. The applicant shall complete improvements to the northbound to westbound
turn lane on Highway 85 to Weld County Road 18 as required by CDOT in
its referral dated August 26, 2003. Evidence of CDOT's acceptance of the
upgraded turn lane shall be provided to the Department of Planning Services.
C. Submit a Dust Abatement Plan to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment,
for approval. Evidence of Health Department approval shall be submitted to
the Department of Planning Services.
D. Site drawings shall be submitted to the Fort Lupton Fire Protection District.
Evidence of an attempt to comply with the Fire District requirements shall be
submitted to the Weld County Department of Planning Services.
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E. The applicant shall provide evidence of being in receipt of the Division of
Minerals and Geology Mined Land Reclamation Permit 112 to conduct
surface extraction of construction materials and reclamation of said lands
identified as the Adams Site.
F. Any ditch crossing construction specifications shall be reviewed and
approved bythe Lupton Meadows Ditch Company Board before any work is
allowed. Any culverts shall be a minimum of a four-foot squash type with
appropriate construction methods used.
7. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued,on the property until the Use by Special Review plat is
ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 7th day of January, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,autyl l�� ,jam` � � � � (NAY)
k ,P- Robert D. asden, Chair
Weld County Clerk tot 4a-
4rQ AYE
i� Y% 4 ,I William H. Jerk ro-Tem
BY:
Deputy Clerk to the B.,r ��
I NAY
Ge' e
OV) ≥7 -
Date of signature: a7
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
HEIT FARMS, LTD, LLP
USR#1444
1. The Site Specific Development Plan and Use by Special Review Permit #1444 is for a
Mineral Resource Development Facility,including wet and dry open pit mining and materials
processing and an asphalt and concrete batch plant,in the A(Agricultural)Zone District,as
indicated in the application materials on file and subject to the Development Standards
stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. The historical flow patterns and run-off amounts will be maintained on site in such a manner
that will reasonably preserve the natural character of the area and prevent property damage
of the type generally attributed to run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off.
4. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5,C.R.S.,shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
5. No permanent disposal of wastes shall be permitted at this site. This is not meant to
exclude those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Site and Facilities Act, 30-20-100.5, C.R.S.
6. Waste materials shall be handled,stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
7. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance
with the approved Dust Abatement Plan at all times.
8. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District as delineated in Section 25-12-103, C.R.S.
9. The applicant shall complywith all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14).
10. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling and in a manner that minimizes the release of hazardous
air pollutants and volatile organic compounds.
11. The applicant shall operate in accordance with the approved Waste Handling Plan.
12. In the event washing of vehicles will occur on site,the applicant shall ensure that any vehicle
washing area(s) shall capture all effluent and prevent discharges from the washing of
vehicles in accordance with the Weld County Code,the Rules and Regulations of the Water
Quality Control Commission, and the Environmental Protection Agency.
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13. Adequate toilet and handwashing facilities shall be provided for employees and patrons of
the facility.
14. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
15. The applicant shall remove,handle,and stockpile overburden soil,sand,and gravel from the
facility area in a manner that will prevent nuisance conditions.
16. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
17. The installation of the septic system shall complywith the Weld County I.S.D.S. Floodplain
Policy.
18. Portable toilets may be utilized on sites which are temporary locations of the working face
and portable processing equipment, etcetera, for up to six months at each location.
19. The facility shall provide a permanent, adequate water supply for drinking and sanitary
purposes.
20. All sand and gravel operations shall be conducted during the hours of daylight except in the
case of public or private emergency, or to make necessary repairs to equipment. This
restriction shall not apply to the operation of administrative and executive offices or repair
facilities located on the property.
21. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
adjacent properties; neither the direct nor reflected light from any light source may create
a traffic hazard to operators of motor vehicles on public or private streets.
22. All gravel trucks transporting materials out of the area on county roads shall ensure that their
loads are covered,thus reducing loose materials on the roadway and the amount of damage
to vehicles.
23. "No Trespassing"signs shall be posted and maintained on the perimeter fence at all points
of ingress and egress to clearly identify the boundaries of the site.
24. Existing trees and ground cover along public road frontage and drainage ways shall be
preserved, maintained,and supplanted, if necessary, for the depth of the setback in order
to protect against and/or reduce noise, dust and erosion.
25. Where topsoil is removed, sufficient arable soil shall be set aside to re-spreading over the
reclaimed areas.
26. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Section 15-1-180, Articles I and II.
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27. The operation shall complywith all applicable rules and regulations of the Colorado Division
of Minerals and Geology.
28. The operation shall comply with the Occupational Safety and Health Act (OSHA).
29. The operation shall comply with the Mine Safety and Health Act (MSHA).
30. The operation shall comply with all applicable rules and regulations of the Federal
Emergency Management Agency, including a Letter of Map Revision, if determined to be
applicable.
31. If any work associated with this permit requires the placement of dredged or fill material,and
any excavation associated with a dredged or fill project,either temporary or permanent, in
waters of the United States at this site, the Department of the Army—Corps of Engineers
should be notified in regards to proper permits.
32. A Building Permit shall be obtained priorto the construction of the concrete or asphalt batch
plants, scale, shop building, office trailer, and any other structure placed on the parcel,
including any sign. Demolition permits are required for the demolition or removal of any
structure on the property. A plot plan shall be submitted when applying for Building Permits
showing all structures with accurate distances between structures, and from structures to
all property lines.
33. A Plan Review is required for each building for which a permit is required. Plans shall bear
the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans
are required when applying for each permit.
34. The buildings shall conform to the various codes adopted at the time of permit application.
Currently the following has been adopted by Weld County: 1997 Uniform Building Code
(UBC); 1998 International Mechanical Code(IMC); 1997 International Plumbing Code(IPC);
2002 National Electrical Code (NEC), and Chapter 29 of the Weld County Code.
35. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
36. Building wall and opening protection and limitations shall be in accordance with UBC
Table 5-A. Separation of buildings of mixed occupancy classifications shall be in
accordance with Table 3-B and Chapter 3. Setback and offset distances shall be
determined by Section 23-3-50 of the Weld County Code.
37. Building height shall be measured in accordance with the 1997 UBC for the purpose of
determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 27 of
the Weld County Code. Building height shall be measured in accordance with Chapter 23
of the Weld County Code in order to determine compliance with offset and setback
requirements. Offset and setback requirements are measured to the farthest projection
from the building.
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38. Effective January 1,2003, Building Permits issued on the site will be required to adhere to
the fee structure of the County-Wide Road Impact Program.
39. The landscaping on site shall be maintained in accordance with the approved Landscape
Screening and Buffering Plan.
40. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development,completion, recompletion, re-entry, production and
maintenance operations associated with existing or future operations located on these
lands.
41. There shall be a minimum setback of 20 feet from the Lupton Meadows Ditch to any slurry
wall construction. An adequate access road shall be maintained for the Ditch Company's
use.
42. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
43. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 and Section 23-4-290, Weld County Code.
44. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special
Review has not commenced from the date of approval or is discontinued for a period of
three (3) consecutive years, it shall be presumed inactive. The County shall initiate an
administrative hearing to consider whether to grant an extension of time to commence the
use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall
be necessary to follow the procedures and requirements of Chapter23,Article II, Division 4,
of the Weld County Code in order to reestablish any Use by Special Review.
45. Personnel from Weld County government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property complywith the
Development Standards stated herein and all applicable Weld County regulations.
46. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial changes
from the plans or Development Standards as shown or stated shall require the approval of
an amendment of the Permit by the Weld County Board of County Commissioners before
such changes from the plans or Development Standards are permitted. Any other changes
shall be filed in the office of the Department of Planning Services.
47. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
2004-0093
PL1697
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